구상금
1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
The obligee’s right of revocation is a right to revoke the obligor’s disposal of the property made by a fraudulent act and to recover it to its original state, and is not a right to exclusively satisfy the obligor’s responsible property that is deviating from the fraudulent act to return to the obligor for the entire obligee. Thus, in a case where the obligee filed a lawsuit against the beneficiary for revocation and restitution of the fraudulent act on the ground of the obligor’s fraudulent act on the ground of the obligor’s real property, and the said fraudulent act is rescinded or terminated during the lawsuit, and the obligee’s return to the obligor by means of the revocation of the fraudulent act, barring special circumstances, the obligee’s right of revocation is no longer entitled to protect the rights that the obligee has secured by the lawsuit, as long as its purpose has already been realized, and the return of the real property, which is the objective property, has taken the form of transfer registration rather than the cancellation of the transfer registration
(See Supreme Court Decision 2007Da85157 Decided March 27, 2008) The instant lawsuit filed a claim for the cancellation of each sales contract and compensation for value in lieu of restitution, alleging that the act of the Plaintiff and the Defendants concluded a sales contract on June 21, 2016 as to the share in the claim stated in the separate sheet C among the real estate listed in the separate sheet and transferred each of the pertinent shares in the name of the Defendants was a fraudulent act. On October 19, 2016 during the instant lawsuit, the Defendants rescinded their agreement with C and each sales contract on October 28, 2016, and returned the ownership of the real estate transferred to C by reason of the registration of ownership transfer to C on June 21, 2016, it shall be recognized by comprehensively considering the purport of the entire pleadings as stated in subparagraphs 1 through 3.